Pedestrians have the right of way over motorists in a number of scenarios, which means that if a police officer observes you failing to yield to a person on foot, you might promptly be pulled over and handed a ticket. If you feel as though the ticket is unfair based on one or more factors related to your case, it's advantageous to speak to an attorney who handles traffic claims. This legal professional can evaluate whether you have grounds to fight the ticket in court. If so, here are some defenses that you might be able to effectively use.
The Pedestrian Motioned You Through
Virtually every driver has been in a situation in which he or she stops to let a pedestrian cross in front, but the pedestrian instead waves for the motorist to proceed. This motion gives you the ability to proceed even when you should have yielded to the pedestrian. If the police officer didn't observe the pedestrian waving to you, you may end up getting a ticket. Your attorney can make a compelling argument about the circumstances of your case, and if you're able to get the pedestrian to testify on your behalf, your case will be even stronger.
The Pedestrian Wasn't Watching
While you should yield to a pedestrian who appears to want to cross the road in front of you, it can sometimes be difficult to assess what the individual is planning to do. For example, if the pedestrian was standing near the edge of the sidewalk and viewing his or her smartphone, but making no visible effort to assess whether it was safe to cross, you may have chosen to proceed. In this situation, your attorney will argue that the pedestrian could have been waiting for a ride, and thus wasn't crossing the road — meaning that you didn't really fail to yield to him or her.
It Wasn't Safe To Stop
There could be circumstances that led you to believe that it wasn't safe to stop, even if a pedestrian was making indicators that he or she wanted to cross the road. For example, if a large truck was following you too closely, you might have felt as though braking to yield to the pedestrian would have resulted in an accident between the truck and you — and one that could possibly push your vehicle into the path of the pedestrian, leading to a major injury. Or, if the traffic light was yellow and thus about to turn red, you could have felt as though it would be safer to clear the intersection rather than stop and potentially cause an accident.
Contact a traffic violation lawyer for more help.Share